The Santa Rita

• Decision Date: 20 June 1922
• Docket Number: 3830.
• Citation: 281 F. 760
• Parties: THE SANTA RITA.
• Court: U.S. Court of Appeals — Fifth Circuit

281 F. 760

THE SANTA RITA.

No. 3830.

United States Court of Appeals, Fifth Circuit.

June 20, 1922

Rehearing Denied July 24, 1922.

John D Grace, of New Orleans, La. (M. A. Grace, of New Orleans, La on the brief), for appellants.

F. D Minor, of Beaumont, Tex., David M. Picton, Jr., of Houston Tex., John C. Prizer, of New York City, C. A. Lord, of Beaumont, Tex., and Wm. B. Lockhart and J. W. Lockhart, both of Galveston, Tex. (Barry, Wainwright, Thacher & Symmers, and Minor & Minor, all of New York City, and Lockhart & Lockhart, of Galveston, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and KING, Circuit Judges.

WALKER Circuit Judge.

Three libels asserting salvage claims against the steamship Santa Rita and its cargo were filed, one by the owner of the tug Waban and its master and crew, one by the owner of the tug Bertha II and its master and crew, and one by the Texas Company, the owner of the tug North American, of the launch Juliet, and of an oil fire-fighting equipment using a mixture called foamite, and by employees of the Texas Company who participated in the alleged service in which that company's tug, launch, and fire-fighting equipment were used. These cases were consolidated, and the decree appealed from disposed of the claims asserted in the three cases. After the court had heard the evidence adduced, most of which was testimony of witnesses given in the presence of the court, the presiding judge made a written statement, which is quoted from below. That statement showed the conclusions of the court as to the total amount to be awarded, and as to the division of that amount between the three sets of libelants, but did not provide for payment by the claimant of the Santa Rita and its surety, nor for interest and costs, and did not specify which of the libelants in each libel were to share in the recovery thereon, or how the amount awarded thereon was to be distributed between the libelants who were to share in that amount. Some time after that statement was made and filed the court made a formal decree covering the just mentioned details.

A motion was made to dismiss the appeal, on the ground that it was sued out more than six months after the date of the filing of the above-mentioned statement. It is apparent that the court did not intend that statement to have the effect of finally disposing of the consolidated cases, and that it was contemplated that a formal decree would subsequently be made and entered. That having been done, the statutory time for suing out an appeal began to run when the formal decree was made and entered. The appeal was taken within that time. The postponing of the suing out of an appeal until after the case is finally disposed of by a formal decree is in conformity with approved practice. Wheeler v. Harris, 13 Wall. 51, 20 L.Ed. 531. The motion to dismiss the appeal is overruled.

The above-mentioned statement contained the following:

'On June 22, 1920, the American oil tanker Santa Rita left Beaumont under tow of the tugs Waban and Bertha, the former in the lead and the latter following behind. She had been partially loaded at Beaumont with gas oil, and was proceeding to Sabine, where the remainder of the cargo was to be taken aboard. While en route, and when the vessel was near the Texas Island, at the juncture of the Port Arthur and Sabine-Neches Canals, fire was discovered in her fire room. The Bertha at the time was alongside the ship, and the Waban slightly in advance, and when called both tugs immediately responded and came to the assistance of the distressed vessel. Later the North American entered the canal, and although the captain of that vessel discovered the Santa Rita was on fire when he was at a distance of some four or five miles from her, he caused his boat to approach the dock and did not offer to assist in extinguishing the fire until requested to do so. This tug later, when called, approached and rendered substantial aid. The foamite equipment, a barge, a large wrecking pump-- a part of the Texas Company's fire equipment at the refinery-- also a launch, the Juliet, all belonging to the Texas Company, were likewise employed, and the conflagration was extinguished by the combined efforts of the Santa Rita's crew and the crews of the three tugs, utilizing the fire-fighting facilities of the boats, as well as the foamite and other equipment and the employees of the Texas Company in charge of it.

'I find that the fire was discovered at its inception; that the crew of the Santa Rita promptly responded to orders and remained at their stations; that the fire, although of substantial proportions and resulting in considerable damage, at

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